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February 2, 2021

The Honorable Charles Schumer

Majority Leader

U.S. Senate

S-221 U.S. Capitol Building

Washington, DC 20510

The Honorable Mitch McConnell

Minority Leader

U.S. Senate

S-230 U.S. Capitol Building

Washington, DC 20510

The Honorable Nancy Pelosi

Speaker

U.S. House of Representatives

H-232 Capitol Building

Washington, D.C. 20515

The Honorable Kevin McCarthy

Minority Leader

U.S. House of Representatives

H-204 Capitol Building

Washington, D.C. 20515

Re: COVID-19 Recovery Legislative Proposal

Dear Majority Leader Schumer, Minority Leader McConnell, Speaker Pelosi, and Minority Leader

McCarthy:

This letter is on behalf of the undersigned American Indian and Alaska Native (AI/AN) organizations,

which collectively serve all 574 federally recognized AI/AN Tribal Nations. The recommendations

outlined in this letter summarize critical funding and policy needs to help protect and prepare AI/AN

communities to effectively respond to the ongoing novel coronavirus (COVID-19) pandemic.

As the urgency, infection rate, and death toll of the COVID-19 pandemic intensifies, it is clear that

Indian Country needs significantly more resources to protect and preserve human life and address the

grave economic impacts resulting from the closure of government operations and tribal enterprises.

AI/AN communities are disproportionately impacted by the health conditions that the Centers for

Disease Control and Prevention (CDC) notes increase risk for more severe COVID-19 illness,

including respiratory illnesses, diabetes, and other health conditions. We support the Administration’s

inclusions of tribal relief within the proposed COVID-19 Rescue Plan and request the following relief

be incorporated into the next legislative package.

In addition to the specific funding and policy requests outlined below, Tribal Nations request

maximum flexibility in the spending rules and timeframes for use of new and existing funds; tribal

consultation with enforcement mechanisms; transparency in distribution formulas; and mechanisms

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to facilitate, with tribal consent, inter-agency transfer of funds to Tribal Nations (through agencies

with current contracts/compacts with Tribal Nations) and/or expanded direct contracting/compacting

with Tribal Nations.

For your convenience, we have created an abbreviated list to coincide with the specific funding and

policy requests found in this letter.

Economic Recovery and Employment

Economic Recovery ................................................................................................................... Pg. 6

At least $20 billion in additional direct relief to tribal governments & flexible use of funds

Provide lending assistance to tribal governments and their enterprises

Ensure continued tribal access to PPP loans and include tribal governments, enterprises, and

Native American businesses in small business relief

Provide assistance to Native American community development financial institutions and

Native American contractors

$50 million for tribal fisheries and fishers to address ongoing COVID-19 impacts

Employment................................................................................................................................ Pg. 8

Ensure continued support for tribal employers

Extend and expand emergency unemployment relief for governmental entities

Education, Nutrition, and Human Services

Health.......................................................................................................................................... Pg. 9

Minimum $8 billion directly related to the COVID-19 public health response to the I/T/U

system including:

o Minimum $1 billion vaccination distribution and implementation

o Minimum $250 million in COVID-19 testing

o Minimum $200 million for PPE, medical supplies, and the deployment of

supplement medical personnel

Minimum $1 billion for Native veterans’ health through the Veterans Health Administration

Minimum $200 million tribal set aside for support of mental and behavioral health programs

Minimum $40 million tribal set aside for programs that serve as response to domestic abuse

Minimum $3 billion in funds to replenish third party revenue loss in the I/T/U system

Minimum $2.67 billion for the construction and improvement of water and sanitation

infrastructure for the I/T/U system and Tribal communities

Extend full (100 percent) Federal Medical Assistance Percentage to Urban Indian

Organizations

Permanently extend waivers under Medicare for the use of telehealth

Education.................................................................................................................................... Pg. 10

$1.5 billion in direct funding to Bureau of Indian Education (BIE) funded schools, as

defined in 25 U.S.C. § 2021(3) to meet the health, safety, and educational needs of students

due to the impacts of COVID-19

$1 billion to address deferred maintenance and failing infrastructure in BIE schools, as

defined in 25 U.S.C. § 2021(3)

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Establish a $24 million Tribal College and University (TCU) IT Service Fund within the

USDA-Rural Utilities Service Program

$500 million for TCU Deferred Maintenance & Rehabilitation

Increase TCU portion of HBCU and Minority Serving Institutions (MSI) Education

Stabilization Fund to 10 percent and provide a named TCU portion of the BIE Education

Stabilization Fund

Agriculture and Nutrition.......................................................................................................... Pg. 11

Implement Farm Service Agency (FSA) borrowers’ assistance relief policies to support

tribal producers and entities including:

o Immediately defer all USDA loan principal due for the 2021 and 2022 production

years, extend all loans for 2 years, and offer 2 percent interest buy-downs to lenders

who offer the same deferrals and extensions to their borrowers

o Allow the use of FSA Farm Ownership loans to refinance real estate and other debt

to aid in recovery from this crisis

Waive the prohibition on dual use of the Supplemental Nutrition Assistance Program

(SNAP) and Food Distribution Program Indian Reservations (FDPIR) in the same month

Human Services ......................................................................................................................... Pg. 12

Tribal Temporary Assistance for Needy Families (TANF):

o Appropriate funding in the amount of $2 billion to the TANF Contingency Fund

(TCF) and allow Tribal Nations access to meet the significant needs of Tribal TANF

recipients

o Create and provide $5 billion to a TANF Emergency Fund similar to the fund created

in the American Recovery and Reinvestment Act (ARRA) with a waiver of non-

federal contribution for Tribal Nations and flexibility for Tribal Nations to spend in

areas specific to each Tribal grantee

Veterans:

o Include provisions of H.R. 6800, the Health and Economic Recovery Omnibus

Emergency Solutions (HEROES) Act pertaining to the wellness of AI/AN veterans

Indian Child Welfare Services:

o Authorize language allowing Tribal Nations to directly access the Social Services

Block Grant Program by establishing a 5 percent tribal government set aside in the

statute

o Provide $30 million for Tribal governments under Title IV-B, Subpart 1 of the Social

Security Act

o Provide $40 million for Tribal governments under Title IV-B, Subpart 2 of the Social

Security Act to be divided as follows:

$20 million to mandatory funding for Tribal Nations

$20 million to discretionary funding for Tribal Nations

Transportation and Housing

Transportation............................................................................................................................ Pg. 14

$1 billion in additional funding to the Tribal Transportation Program

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Housing....................................................................................................................................... Pg. 15

$600 million in additional funding to the Indian Housing Block Grant formula distribution

portion, with up to $150 million withheld for the Indian Community Development Block

Grants and Imminent Threat projects that Tribal Nations propose as a direct response to

COVID-19 issues in their communities

$3.75 billion from the Homeowner Assistance Fund for eligible NAHASDA recipients using

the funding allocation for Indian Housing Block Grants to provide urgently needed

mortgage assistance to American Indian and Alaska Native homeowners

$900 million in additional funding to the Treasury Emergency Rental Assistance Program

(ERAP) for payments to Indian Tribes and Tribally designated housing entities (TDHE) for

providing short - or medium-term assistance with rent and rent-related costs

Include direct Tribal eligibility for any appropriations that are earmarked to other general

federal housing programs

Tribal Governance & Broadband

Tribal Governance...................................................................................................................... Pg. 17

$950 million in additional funding for Bureau of Indian Affairs Tribal Priority Allocations

programs

Broadband.................................................................................................................................. Pg. 17

$1 billion to Tribal Broadband Connectivity Grants Program and include technical fixes to

the program established under H.R. 133

Homeland Security and Emergency Management

Homeland Security and Emergency Management Needs........................................................ Pg. 18

Reaffirming Tribal Priorities and address roadblocks to emergency services by:

o Making the 25 percent federal cost share waiver retroactive to Tribal Nations

o Reversing FEMAS’s September 15, 2020, Interim Public Assistance Policy

Thank you for your consideration of the recommendations outlined in this letter. We look forward

to working with you to ensure that Indian Country’s concerns and priorities are comprehensively

addressed, as we respond to the COVID-19 pandemic.

Sincerely,

National Congress of American Indians

National Indian Health Board

National Indian Education Association

National Indian Gaming Association

National Indian Child Welfare Association

National Council of Urban Indian Health

National Center for American Indian Enterprise Development

National Association of Food Distribution Programs on Indian Reservations

Native Farm Bill Coalition

Intertribal Agriculture Council

Self-Governance Communication & Education Tribal Consortium

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Association on American Indian Affairs

Great Plains Tribal Chairman’s Association

United South and Eastern Tribes Sovereignty Protection Fund

Affiliated Tribes of Northwest Indians

Midwest Alliance of Sovereign Tribes

United Tribes of Michigan

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Economic Recovery and Employment

Economic Recovery:

At Least $20 billion in Additional Direct Relief to Tribal Governments & Flexible Use of

Funds

Background: The Coronavirus Relief Fund (CRF), which was established through Section 5001 of

the CARES Act, provided a total of $150 billion in federal fiscal support for Tribal, state, and local

governments. The CRF was intended to address the economic devastation governments face due to

declining revenues which fund government services. Tribal governments are experiencing significant

impacts from COVID-19 and are projected to lose over $20 billion in critical government revenue as

a result of the pandemic. Further, it is estimated that Tribal government-owned enterprises, which

constitute the tax base of many tribal nations, sustained 35% revenue losses in 2020 alone. Since

Tribal governments lack the traditional tax bases enjoyed by state and local governments, Tribal

enterprise revenues often supply most of the funding for government services. Normally, Tribal

governments and their enterprises support more than 1.1 million jobs and more than $49.5 billion in

annual wages and benefits for American workers.

The pandemic has drastically reduced Tribal enterprise revenues, which has crippled Tribal

governments’ ability to provide basic government services at a time when the demand for those very

services are growing. These lost government revenues are forcing many tribes to impose budget cuts

to the delivery of essential education, health, and public safety services to Native citizens. As a result,

the economies and workforces in Tribal and surrounding communities have been gravely impacted

by COVID-19. To address this impact on Tribal governments, which serve some of the most socio-

economically disadvantaged populations in the United States, the member of the National Congress

of American Indians (NCAI) passed Resolution PDX-20-028 which requests (1) at least $20 billion

in direct relief for tribal governments or a proportionate tribal set aside that is not less than 5.33

percent of the entire increased direct relief allocation; (2) flexible use of funds including for lost

revenue; (3) reasonable timelines for use of funds that extend beyond 2022 given the ongoing duration

of the pandemic to enable recipients to use the funds effectively and efficiently; and (3) direct

allocations to tribal governments using the Federally Recognized Tribe List Act.

Provide Lending Assistance to Tribal Governments and Their Enterprises

Background: Tribal governments nationwide remain in declared public health and safety

emergencies and have closed government-owned enterprises. The resulting depletion of revenues for

Tribal government treasuries is forcing reductions in the delivery of essential government services.

Simultaneously, many Tribal governments and their enterprises will face financial pressures and

potential defaults due to the lack of government revenue, particularly as the pandemic is projected to

last into Summer 2021. Within the CARES Act, Congress expressed support for stabilizing Tribal

governments and enterprises by including them in Title IV, which authorized the Federal Reserve and

Secretary of the Treasury to make loans and loan guarantees to provide liquidity. Despite Congress’

intent, these lending facilities contained restrictions that excluded Tribal governments and their

enterprises from accessing this loan assistance.

As a result, NCAI membership passed Resolution #PDX-20-020, which supports the establishment

of a Tribal set aside within any new or re-established loan and loan guarantee program. To accomplish

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Congress’ intent, we request $25 billion for Tribal debt purchasing, $30 billion for loan guarantees,

and direction to Treasury to create a program that addresses the debt and liquidity needs of Tribal

governments and their enterprises.

Ensure Continued Tribal Access to PPP Loans and Include Tribal Governments,

Enterprises, and Native American Businesses in Small Business Relief

Background: The Paycheck Protection Program (PPP) and Economic Injury Disaster Loans program

have provided critical assistance for tribal business concerns (TBCs) and we strongly support

increased funding to these programs. Additionally, H.R. 133 provided for second draw eligibility for

employers with less than 300 employees. We ask that TBCs be excluded from this employee

restriction because TBCs were largely excluded from the first tranche of PPP funding due to

administrative, non-statutory restrictions limiting the types of gaming facilities that were eligible for

PPP loans. These restrictions were later lifted after the initial CARES Act PPP funding had largely

run. Many TBCs that have 350-500 employees sustain entire rural economies making access to

additional PPP essential for maintenance of their payroll and the overall well-being of these

communities. Excluding these businesses from a second draw would further disadvantage employers

who were subject to disparate access in the first PPP draw. Accordingly, to accomplish Congress’

intent to address inequitable access to PPP loans, we ask that TBCs be exempted from the 300

employee limitation for second draw loans.

In addition to PPP and EIDL assistance, Tribal Nations must be included in any new business relief

program or in any existing program that may receive increased appropriations such as the State Small

Business Credit Initiative (SSBCI). Tribal governments are integral to supporting Tribal businesses

and Native American small businesses, and access to relief and recovery is essential for restoring

Tribal and dependent non-Tribal economies and workforces.

Provide Assistance to Native American Community Development Financial Institutions

and Native American Contractors

Background: The COVID-19 pandemic provides an unprecedented threat to the solvency of Native

small businesses, especially for Native Community Development Financial Institutions (NCDFIs)

and Native American Contractors (NACs). Native small businesses are critical to the growth and

existence of Native small businesses and also provide critical support in federal contracting. During

this period of national financial distress, emergency relief and a waiver of program restrictions are

needed to enable NACs and NCDFIs to avoid bankruptcy, support their communities and business

partners, and aid the national recovery. For the continued reasons set forth in our April 30, 2020 letter,

we re-state our asks for support for NDCFIs, NACs, and support for Native American businesses

within Department of Commerce, the Small Business Administration, and Department of Treasury.1

$50 Million for Tribal Fisheries and Fishers to Address Ongoing COVID-19 Impacts

1 See April 30, 2020 Inter-Organizational letter, https://www.ncai.org/Covid-19/legislative-

updates/Tribal_Economic_Dev_-_Employment_Priorities_-House-.pdf (We note two updated asks: (1) Recently

enacted Public Law 116-261 permanently waived the non-federal matching funds requirement for NCDFIs receiving

NACA Program funding. With tribal nations and TBCs facing additional constraints from COVID-19 responses, it is

essential to ensure that the permanent waiver shall apply to all future NACA Program funding; (2) P.L. 116-261 also

elevated the Office of Native American Business Development (ONABD) and authorized it a $2 million stand-alone

budget annually, so Congress should now appropriate $2 million for the ONABD to fulfill its duties which are

especially critical to address the pandemic and economic recovery).

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Background: Tribal fisheries are vital to Tribal, local, and regional economies and serve as the

primary source of income for many families. The pandemic is having grave impacts on Tribal

fisheries due to closures and market disruptions. Tribal fisheries contribute significantly to annual

fisher income and provide a ceremonial and subsistence food source for use by the community

throughout the year. To address this increasing harm, an additional $30 million is needed for the

Tribal set aside under Section 12005 of the CARES Act and H.R. 133 and continue to include Tribal

fisheries in the Great Lakes.

Employment:

Tribal governments are often the largest employers in their localities. The COVID-19 pandemic has

impacted Tribal governments, businesses, economies, and communities. As the urgency, infection

rate, and death toll of the pandemic intensify, Tribal employers must make urgent decisions regarding

their workforces, public health, and unemployment costs. To ensure Tribal access to emergency

employment and unemployment assistance, we request the following:

Ensure Continued Support for Tribal Employers

Background: Many Tribal employers provided their employees enhanced flexibilities from leave to

changed job descriptions under Tribal law during the pandemic to sustain their workforces, and some

tribal employers elected to participate in federal tax credit programs. Due to the uniqueness of Tribal

workforces as an exercise of tribal sovereignty, we ask that Congress continue to ensure that Tribal

governments are not subject to workforce mandates. Instead, as established by the Families First

Coronavirus Response Act (FFCRA), the CARES Act, and supporting department policy and

procedure, Congress should permit Tribal employers to voluntarily opt-in to any leave program and

tax credits, including temporary paid and sick leave and employee retention tax credits. Tribal

employers are critical to restoring and rebuilding Tribal workforces, and this mutual goal is best

supported by ensuring Tribal employers receive access to assistance at their continued voluntary

election.

Extension and Expansion of Emergency Unemployment Relief for Governmental Entities

Background: COVID-19 related closures of Tribal offices and enterprises resulted in layoffs and

have impacted Tribal reimbursement-option employers with unforeseen increased costs from state

unemployment programs. Many of these employers lack funds to pay these costs due to declining

revenues. In response, Congress in the CARES Act and H.R. 133, covered 50 percent of the costs of

state unemployment by reimbursement employers, including tribal governments in the CARES Act

and H.R. 133. For the continued reasons set forth in our April 30, 2020 letter,2 this coverage must be

extended to December 31, 2021, and coverage must be increased from 50 percent to 100 percent of

costs.

2 Id.

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Health, Education, Nutrition, and Human Services

Health:

As the COVID-19 infection rate, and death toll intensifies in Indian Country, the Indian Health

Service (IHS), Tribal health programs, and Urban Indian Organizations (UIOs) (collectively referred

to herein as the I/T/U system) need significantly more resources to protect and preserve human life.

To address these needs, the undersigned Tribal organizations support the requests made by the

National Indian Health Board in their January 29, 2021 letter.3

Minimum $8 Billion Directly Related to the COVID-19 Public Health Response to the

I/T/U System Including:

o Minimum $1 Billion Vaccination Distribution and Implementation

o Minimum $250 Million in COVID-19 Testing

o Minimum $200 Million for PPE, Medical Supplies, and the Deployment of

Supplement Medical Personnel

Minimum $1 Billion for Native Veterans’ Health Through the Veterans Health

Administration

Minimum $200 Million Tribal Set Aside for Support of Mental and Behavioral Health

Programs

Minimum $40 Million Tribal Set Aside for Programs That Serve as Response to Domestic

Abuse

Minimum $3 Billion in Funds to Replenish Third Party Revenue Loss in the I/T/U System

Minimum $2.67 Billion For the Construction And Improvement of Water and Sanitation

Infrastructure for The I/T/U System and Tribal Communities

Permanently Extend Waivers Under Medicare for the Use of Telehealth

Background: During the COVID-19 crisis, telehealth and telemedicine are critical to providing health

care services to AI/AN people. Unfortunately, rural Tribal Nations may be unable to provide these

services due to the lack of broadband capacity or infrastructure in their area. COVID-19 has

dramatically increased the need to connect Medicare patients to their providers through telehealth.

This increased need is likely to continue after the national COVID-19 pandemic has passed,

particularly for patients in the Indian health system. In addition, as more AI/AN patients become

accustomed over time to the telehealth model, it will likely play a more significant role as a

mechanism for delivering healthcare well beyond the end of this pandemic.

3 National Indian Health Board Letter to the Honorable Nancy Pelosi on January 29, 2021, regarding COVID-19

Stimulus Health and Public Health Funds to Indian Country, https://www.nihb.org/covid-19/wp-

content/uploads/2021/02/NIHB_JAN2021_COVID-stimulus-letter-House.pdf

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With the urgent need to maximize telehealth flexibility in response to COVID-19, Tribal Nations

strongly urge Congress to permanently extend the existing waiver authority for the use of telehealth

under Medicare.

Extend full (100 percent) Federal Medical Assistance Percentage to Urban Indian

Organizations

Background: Currently, the federal government reimburses states at a 100 percent rate for Medicaid

services provided at IHS and Tribal facilities; this is not the case for services provided UIOs. UIOs

are one of the three components of the IHS system, and AI/AN-specific provisions resulting from the

trust obligation are routinely intended to apply to the entire IHS system. Allowing UIOs to receive an

equal reimbursement for Medicaid services through the full federal share of costs (thereby increasing

resources for states) will better ensure these critical health care providers can serve more COVID-19

and non-COVID-19 patients now and it will allow these programs to serve vulnerable AI/AN

populations living in urban areas in the future.

Education:

$1.5 Billion in Direct Funding to Bureau of Indian Education (BIE)-funded schools, as

Defined in 25 U.S.C. § 2021(3) to Meet the Health, Safety, and Educational Needs of

Students Due to the Impacts of COVID-19

Background: The COVID-19 pandemic has exacerbated longstanding educational disparities that

directly result from the federal government’s chronic underfunding of its trust and treaty

responsibilities. As BIE-funded schools continue to move forward in the 2021 academic year, K-12

schools presently do not have the resources and educational infrastructure to ensure a safe return for

our students. Increased funding for information technology equipment and remote learning

requirements, broadband connectivity and upgrades, professional development and training, mental

health and counseling services, personal protective equipment, and student transportation and

planning requirements are urgently needed to ensure BIE-funded schools have the resources they

need to support the health, safety, and educational needs of students.

$1 Billion to Address Deferred Maintenance and Failing Infrastructure in BIE-funded

Schools, as Defined in 25 U.S.C. § 2021(3)

Background: Prior to the pandemic, the federal government recognized that AI/AN students were

being educated in inadequate facilities. For example, the Department of the Interior identified $629

million in deferred maintenance for BIE-funded education facilities and $86 million in deferred

maintenance for BIE educational quarters, including severely overcrowded classrooms. In addition

to the crumbling physical infrastructure, tribal communities disproportionately lack the infrastructure

to engage in culturally rich remote education. Increased emergency appropriations are needed to

address these infrastructure issues which are impacting access to education during the pandemic.

Establish a $24 Million TCU IT Service Fund within the USDA-Rural Utilities Service

Program

Background: The ongoing pandemic has exacerbated the digital divide and homework gap and

underscored the lack of broadband access across Indian Country. To address these deficiencies,

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Congress should establish a permanent Tribal Colleges and Universities (TCU) IT Service Fund

within the existing USDA-Rural Utilities Service Program. A $24 million set-aside for TCUs, which

are the 1994 Land-grant institutions, is needed to cover ongoing equipment costs, maintenance and

upkeep, infrastructure expansion, and IT staffing. If TCUs had adequate funding for IT service and

infrastructure support, they would have already put in place many of the community-based mobile

hot spots needed to address the “homework gap” on many tribal lands.

$500 Million for TCU Deferred Maintenance & Rehabilitation

Background: A 2018 study involving 22 TCUs revealed a list of chronic facilities-related needs,

including student and faculty housing, classrooms, libraries, and laboratories. The 22 TCUs have an

estimated total need of $332.5 million in deferred maintenance and rehabilitation and need $558

million to fully implement existing master plans. Extrapolating this to all 35 accredited TCUs, the

total current need is $500 million for Deferred Maintenance/Rehabilitation and $837 million for the

completion of Master Plans.

Increase TCU Portion of HBCU and MSI Education Stabilization Fund to 10 Percent and

Provide a Named TCU Portion of the BIE Education Stabilization Fund

Background: Under the CARES Act and The Coronavirus Response and Relief Supplemental

Appropriations Act of 2021 (CRRSAA), Congress provided 7.5 percent of the Higher Education Fund

for TCUs, Historical Black Colleges and Universities (HBCUs), Hispanic Serving Institutions (HSIs),

and other minority-serving institutions. While the overall combined funding provided to the “MSI

Community” totaled over $1 billion under each COVID relief package, Congress allocated funding

to each institutional category according to the percentage allocated in FY 2020 appropriations. Using

this allocation method limited TCUs to receiving 4.8 percent of the MSI fund, which resulted in

$50.469 million to be split among 35 TCUs under the CARES Act. While the overall funding made

available to the MSI community was sizeable, allocation of funding among Minority Serving

Institutions (MSI) categories based on FY 2020 appropriations further perpetuates the inequitable

funding of TCUs. To support pandemic-related needs of TCUs, a minimum of 10 percent of the

overall MSI fund is needed to partially account for past inequities and the growth of new TCUs over

the past ten years. The term “Tribal Colleges and Universities,” defined in section 316(b)(3) of the

Higher Education Act of 1965 (20 U.S.C. 1059c), should be used to ensure that all TCUs are included

in new federal programs and opportunities.

Agriculture and Nutrition:

Implement Farm Service Agency (FSA) Borrowers’ Assistance Relief Policies to Support

Tribal Producers and Entities Including:

o Immediately Defer all USDA Loan Principal Due for the 2021 and 2022 Production

years, Extend all Loans for 2 Years, and Offer 2 Percent Interest Buy-Downs to

Lenders Who Offer the Same Deferrals and Extensions to their Borrowers;

o Allow the Use of FSA Farm Ownership Loans to Refinance Real Estate and Other

Debt to Aid in Recovery from this Crisis. This Program has no Taxpayer Cost

Background: While COVID-19 relief provided through congressional funding and USDA have

provided payments for losses to agriculture producers, many more are facing increased uncertainty

and risks associated with their operating loans as the pandemic continues to impact production and

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markets. Farm Service Agency (FSA) borrowers need immediate payment relief to ensure continuity

of operations and access to credit, and the proposed provisions will also enable assistance to non-FSA

borrowers as well. Providing relief will help stabilize production in Indian Country and all of rural

America, and it will further improve the sustainability and resiliency of Indian Country agriculture.

These actions will support producers across the country by keeping their production income invested

in their local economy, infusing over $1 billion in deferred principal payments directly into rural and

agriculture economies across the country without a substantial cost.4

Waive the prohibition on Dual Use of the Supplemental Nutrition Assistance Program

(SNAP) and Food Distribution Program Indian Reservations (FDPIR) in the Same Month

Background: The current prohibition against using both FDPIR and SNAP in the same month must

be temporarily waived. This will allow AI/AN households more food options at a time when it is

needed the most, reduce administrative burdens on FDPIR and SNAP staff, and slow the inventory

depletion at FDPIR sites. FDPIR sites are seeing increased take rates of food, because people are now

taking more items within their allocation out of concern over local food availability. SNAP

participants, especially those in rural areas are seeing limited availability of food, coupled with price

increases. Providing FDPIR participants with additional SNAP benefits helps address both of these

challenges while providing Native households with more options and food benefits at a time when it

is needed the most. All FDPIR households should be provided the option to receive SNAP benefits

either fitting their need or they should be provided a set amount of $100 in SNAP each month.

Human Services – Tribal TANF

Appropriate Funding in the Amount of $2 Billion to the TANF Contingency Fund (TCF)

and Allow Tribal Nations Access in Order to Meet the Significant Needs of Tribal TANF

Recipients

Background: The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of

1996 (P.L. 104-193, as amended) created a $2 billion TCF to assist states in meeting the need for

welfare assistance during periods of economic distress. The TCF was exhausted in the last recession

and Congress has appropriated $608 million per year to it with the fund being spent each year

regardless of economic conditions. Unfortunately, Tribal Nations were not included in the statute as

eligible for these critical funds, nor were the disproportionate levels of negative socioeconomic

indicators in Indian Country considered in the creation of the TFC. Tribal Nations should be able to

access the TFC with waivers from the state criteria of economic need, which includes, but is not

limited to, increases in the state’s unemployment rate formula, and increases in the state’s SNAP

caseload.

Create and Provide $5 Billion to a TANF Emergency Fund Similar to the Fund Created in

the American Recovery and Reinvestment Act (ARRA) with a Waiver of Non-Federal

Contribution for Tribal Nations and Flexibility for Tribal Nations to Spend in Areas

Specific to Each Tribal Grantee

Background: In 2009, ARRA created a TANF Emergency Fund which reimbursed 80 percent of

4 Intertribal Agriculture Council’s Native Farm Bill Coalition Top Priorities for Additional COVID-19 Relief for Tribal

Agriculture, January 29, 2021, https://28d595ea-c9bb-4218-87df-

a3cbf4d05915.filesusr.com/ugd/d039dc_3ea208615289405490d38dfd9f71c5d1.pdf

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increased expenditures as spurred by the 2008 economic crisis. During this period, 25 Tribal Nations

and tribal organizations received grants under the Emergency Fund. A similar economic crisis has

emerged due to the COVID-19 pandemic.

Tribal Nations, unlike states, do not have sufficient taxes bases from which to draw funds to support

non-federal contributions, and therefore should be exempt from this requirement.

Human Services – Veterans

Include Provisions of H.R. 6800, the Health and Economic Recovery Omnibus Emergency

Solutions (HEROES) Act Pertaining to the Wellness of AI/AN Veterans

Background: AI/ANs have a long history of distinguished service to this country. Per capita, AI/ANs

serve at a higher rate per capita in the Armed Forces than any other group of Americans and have

served in all the nation’s wars since the Revolutionary War. Despite this esteemed service, AI/AN

veterans have lower personal incomes, higher unemployment rates, and are more likely to lack health

insurance than other veterans.

The HEROES Act included several provisions to address the unique needs of tribal veterans,

including, but not limited to, increased funding for in-home care, suspension of debt collection for

VA fees, and more. Tribal Nations urge Congress to include these provisions and others listed in

NCAI Resolution PDX-20-008, in any upcoming legislation.5

Human Services – Child Welfare

Authorize Language Allowing Tribal Nations to Directly Access the Social Services Block

Grant Program by Establishing a 5 Percent Tribal Government Set Aside in the Statute

Background: Tribal Nations, like state governments, are facing unforeseen challenges resulting from

COVID-19. They require creative solutions that support families struggling with a multitude of

challenges that cross a variety of governmental service areas. States have depended upon flexible

funding sources like the Social Services Block Grant (SSBG) to help them close the funding gaps in

other federal and state sources and address community wide crises like COVID-19. Tribal nations

need the certainty of funding like the SSBG to address the gaps in funding that comes from having a

patchwork of social services funding that typically provides only small amounts of funding and can

fluctuate from year to year. Overall, Tribal Nations receive only one percent of all federal social

services funding, and yet their citizens represent almost four percent of the United States population

and have some of the highest rates of social problems. Only two states share any of their SSBG funds

with Tribal Nations, while all states use tribal population numbers to determine their funding levels.

Providing direct access to the SSBG would be the most certain method for providing tribal

governments with reliable funding from year to year that can meet a broad continuum of community

needs, especially during times of crisis.

Provide $30 million for Tribal Governments Under Title IV-B, Subpart 1 of the Social

Security Act

5 NCAI Resolution #PDX-20-008: “Ensuring Inclusion of Native American Veterans in Future COVID-19 Legislation”,

https://www.ncai.org/attachments/Resolution_QqSpQejfGRLTKeQDtVeGxfbVrZSREsdIYFeSczURAAxAirlarLQ_PD

X-20-008%20SIGNED.pdf

PAGE 14 OF 19

Background: Title IV-B, Subpart 1 funding supports Tribal Nation efforts to keep families together,

which is critical during the response and recovery stage of COVID-19. As more and more families

are being placed under stay at home orders, all children, including Indian children, may be at increased

risk for child abuse or neglect during the COVID-19 pandemic, especially given the closure of schools

and limited availability of routine health care services that are primary reporting sources for child

abuse and neglect incidents. The Title IV-B, Subpart 1 program provides funds for a wide variety of

child abuse and neglect prevention and intervention services with the largest amounts being spent on

child protection investigations, case management for children in foster care, and staff training to

improve skills and knowledge.

Provide $40 million for Tribal Governments Under Title IV-B, Subpart 2 of the Social

Security Act to be Divided as Follows:

o $20 million to Mandatory Funding for Tribal Governments

o $20 million to Discretionary Funding for Tribal Governments

Background: Title IV-B, Subpart 2 funding supports Tribal Nations efforts to strengthen families so

children can avoid the trauma of being removed and placed in foster care, improve family functioning

so children can be returned home safely after a removal, and promote permanency for children who

cannot be returned home or placed with relatives. COVID-19 has increased the workload of tribal

child welfare agencies to monitor and support families during this time of high anxiety and increasing

social isolation, which can increase risks for risks for child abuse and neglect. There are additional

concerns related to the restrictions being placed on the delivery of services to families, such as in-

home services that also factor into increased workload for tribal child welfare agencies as they

navigate how to stay compliant with COVID-19 safe practices and adapt to virtual or telehealth

services. The Title IV-B, Subpart 2 program funds in-home services that improve parenting skills for

families at risk of child abuse and neglect, connect them to other service providers and support

systems (i.e., TANF, housing, behavioral health, and nutrition), provide temporary respite care to

parents and caregivers, and help tribal agencies secure permanent placements for children who cannot

return home safely.

Transportation and Housing

Transportation:

$1 billion in Additional Funding to the Tribal Transportation Program

Background: Indian Country’s road mileage consists of approximately 4,720 miles of gravel, and

17,130 miles of unimproved and earth surface roads. With some of the worst road conditions in

America, a wide array of roads, bridges, and other facilities, construction and improvement can

immediately increase access to, from, and throughout Indian Country. As Tribal Nations continue to

respond to COVID-19, transportation facilities remain essential community infrastructure that

directly impacts Tribal Nations’ ability to respond to COVID-19 and provide services to their citizens.

Poor road conditions in Indian Country make it difficult for essential community service personnel

such as police and emergency and medical responders to reach tribal communities and their citizens.

The Tribal Transportation Program (TTP) provides funding for tribal transportation and public road

access to and within Indian reservations, Indian lands, and Alaska Native Village communities. While

H.R. 133 provided $114.5 million to the TPP, an investment of $1 billion in funding would support

PAGE 15 OF 19

Tribal Nations in rapidly addressing those transportation facilities critical and necessary to the

delivery of essential services to respond to COVID-19.

Housing:

$600 million in Additional Funding to the Indian Housing Block Grant Formula

Distribution Portion, With Up To $150 Million Withheld for the Indian Community

Development Block Grants and Imminent Threat Projects Tribal Nations Propose as a

Direct Response to COVID-19 Issues in Their Communities

Background: To directly respond to COVID-19, new funds to tribal housing programs can lead to

the quick development of temporary housing for health professionals, and safer assisted living

housing for tribal citizens. Tribal communities also see overcrowded homes at a rate of 16 percent,

roughly eight times the national average, which inhibits tribal communities from practicing safe

‘social distancing’ techniques that are required by the COVID-19 pandemic. Funding new

construction across the board will help alleviate issues of overcrowding. Tribal Nations have the

capacity and demonstrated success in the use of similar funding. In 2009, Tribal Nations received

$510 million in stimulus funding, which directly led to the creation of 1,954 new housing units, and

the rehabilitation of 13,338 units. Housing and Urban Development (HUD) and Tribal Nations used

over 99 percent of the funds that were provided, which surpassed many other programs that received

stimulus funding. Additionally, tribal housing programs selected to receive $200 million in

competitive grant funding in December 2019 will be able to build close to 1,200 new units. The Tribal

Nations selected and awarded represented only 25 percent of the applications, which demonstrates

that Indian Country has shovel-ready projects and great need for this assistance.

$3.75 billion from the Homeowner Assistance Fund for Eligible NAHASDA Recipients

Using the Funding Allocation for Indian Housing Block Grants to Provide Urgently

Needed Mortgage Assistance to Native American and Alaska Native Homeowners

Background: In July 2020, leaders of the House Native American Caucus and at least 17 AI/AN

organizations, which collectively serve all 574 federally-recognized Tribal Nations wrote to Congress

requesting that the next COVID-19 response package retain the tribal provisions in the HEROES

Act.6 The HEROES act included $3.75 billion for the homeowner assistance fund for eligible Native

American Housing Assistance and Self-Determination Act (NAHASDA) recipients using the funding

allocation for the Indian Housing Block Grants. Since then, Congress has not passed any funding that

provides direct mortgage assistance to tribal governments. The pandemic has drastically reduced

tribal government revenues, impairing their ability to provide basic government services at a time

when the demand for those very services are growing. Disproportionate impacts from the pandemic,

including job losses and reduction in income, threaten to undo years of advocacy by tribal

organizations and federal funding programs to promote increased homeownership in Indian Country.

Congress should include this mortgage assistance in the next relief package to provide relief to AI/AN

homeowners and promote housing stability in Indian Country. Policies that limit housing precarity

have been found to reduce COVID-19 infections by 3.8 percent and reduce deaths by 11 percent.7 As

6 Letter from the House Native American Caucus, July 24, 2020, p. 3, https://www.ncai.org/Covid-19/legislative-

updates/20.7.24_-_NA_Caucus_Requests_-_House_COVID19_Stim_package_-_merged.pdf 7 National Bureau of Economic Research, Housing Precarity & the COVID-19 Pandemic: Impacts of Utility

Disconnection and Eviction Moratoria on Infections and Deaths Across US Counties, Kay Jowers, Christopher

Timmins, Nrupen Bhavsar, Qihui Hu, and Julia Marshall, NBER Working Paper No. 28394, p. 2, (January 2021)

PAGE 16 OF 19

COVID-19 continues to ravage tribal communities, promoting access to safe and affordable housing

will save lives.

$900 Million in Additional Funding to the Treasury Emergency Rental Assistance

Program (ERAP) for Payments to Indian Tribes and Tribally Designated Housing Entities

(TDHE) for Providing Short-or Medium-Term Assistance with Rent and Rent-Related

Costs

Background: Congress should include additional funding to tribal governments to provide rental

assistance to their citizens and provide increased flexibility for the ERAP that broadens the allowable

costs and include a technical fix that expressly allows tribal governments to assist their citizens

regardless of whether they live within IHBG service areas.

Include Direct Tribal Eligibility for any Appropriations Related to Other General Federal

Housing Programs

Background: In addition to funding made directly to tribal governments and TDHE’s, Congress

should expressly include direct tribal eligibility for any appropriated amounts for other general federal

housing programs, including homelessness assistance programs, mortgage assistance, and

rental/utility assistance. At a time when many Americans are expected to need both mortgage, rental,

or utility assistance, Tribal Nations and Native Americans must be included as eligible participants,

either through express statutory language or direct set asides to Tribal Nations. As Congress considers

funding existing national or state housing programs or creating new programs to address needs

stemming from COVID-19 impacts, Congress must recognize that Tribal Nations are ineligible for

many existing programs outside of NAHASDA, and that states and local partners often overlook tribal

communities due to the existence of NAHASDA. Accordingly, Congress must expressly make Tribal

Nations and tribal housing programs eligible entities to access any new funding or create specific set-

asides for Tribal Nations to carry out similar housing assistance services provided through any

COVID legislation.

https://www.nber.org/system/files/working_papers/w28394/w28394.pdf?utm_campaign=PANTHEON_STRIPPED&a

mp%3Butm_medium=PANTHEON_STRIPPED&amp%3Butm_source=PANTHEON_STRIPPED

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Broadband and Tribal Governance

Tribal Governance:

$950 million in Additional Funding for Bureau of Indian Affairs Tribal Priority

Allocations Programs

Background: Decades of neglect, underfunding, and inaction on behalf of the federal government

have left tribal governments and their citizens severely under-resourced and at extreme risk during

the COVID-19 crisis. In accordance with federal trust and treaty obligations, it is vital that Congress

act to provide immediate, substantial support to Tribal Nations to maintain and augment essential

government services during this time of national emergency. Failure to support the governmental

activities of Tribal Nations will be disastrous for Tribal Nations, Native people, and surrounding

communities and will result in an incomplete response to this crisis, affecting the nation at-large. Like

all governments across the United States, Tribal Nations are working diligently to immediately

respond to the COVID-19 pandemic. The response is ongoing, and the costs associated with it

continue to rise.

The CARES Act included $453 million for BIA Operation of Indian Programs (OIP) funding, but the

ongoing and intensifying nature of the COVID-19 pandemic requires additional resources. During

implementation of the CARES Act, restrictions on the use of funds trapped certain funding from being

used on otherwise eligible COVID relief needs. Tribal governments understand their unique needs

best and funds received as part of ISDEAA funding agreements are already subject to annual audit.

Less prescriptive legislative text is needed to promote tribal sovereignty and the efficient use of

federal tax dollars for COVID relief. Tribal Nations are requesting $950 million in additional funding

for Indian Affairs Tribal Priority Allocation (TPA) programs and TPA-like programs (e.g., Criminal

Investigations & Police Services & Detention/Corrections) to fund essential tribal services.

Responding to this pandemic is cost-intensive, and it impacts all aspects of tribal governance and life

in tribal communities. Congress must ensure Tribal Nations have additional funding for COVID-19

response and recovery activities.

Broadband:

An Additional $1 Billion to Tribal Broadband Connectivity Grants Program and Include

Technical Fixes to the Program Established Under H.R. 133

Background: Access to broadband internet for essential services, communications, and commerce

is especially critical during the COVID-19 pandemic. Tribal communities are disproportionately

unserved or underserved when it comes to access to high-speed internet. In 2018, the FCC estimated

that 35 percent of Americans living on tribal lands lacked access to broadband services, compared

to eight percent of all Americans. Funding is needed throughout Indian Country for rapid

deployment, adoption, affordability, and access to broadband internet. COVID-19 has changed

societal and market behaviors and driven more everyday tasks and activities online. Additional

investment into tribal communities is necessary to ensure that tribal communities are not left behind

as our education, healthcare, government services, and commerce undergo years of changes in

months.

PAGE 18 OF 19

In support of these needs, an additional one billion should be appropriated to the Tribal Broadband

Connectivity Grants program established within the Department of Commerce by Congress in H.R.

133. Further, Congress should include technical fixes to this program to ensure the success of the

program in serving tribal governments and communities, including: (1) extension for use of funds

until 2024 to support infrastructure deployment; (2) clarify existing statutory language relating to the

“duplication of funding” and ensure that any definition of “duplication of funding” does not prohibit

tribal governments from accessing critical funding from this program on the basis of their receipt of

federal funding through another federal broadband funding program; and (3) ensure increased

appropriations are available to tribal governments and that tribal sovereignty is recognized by not

listing Tribal Nations as an eligible “entity.”

Homeland Security and Emergency Service

Reaffirming Tribal Priorities and Address Roadblocks to Emergency Services by:

o Making the 25 Percent Federal Cost Share Waiver Retroactive to Tribal Nations

o Reversing FEMA’s September 15, 2020, Interim Public Assistance Policy

Background: In 2020 Congress provided an additional $25 billion for the COVID-19 nationwide

emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

While Tribal Nations are grateful for the substantial increase in funding, only fifteen percent of Indian

Country, 89 Tribal Nations, have been able to access those funds through the Federal Emergency

Management Agency (FEMA).8 Tribal Nations are the first and often the only responders during

disasters in their jurisdictions. Tribal Nations’ response to the COVID-19 pandemic is no different

than how states are responding. Tribal leaders, staff, and citizens are putting their lives on the line

daily to help protect both tribal and non-tribal citizens. However, unlike states, Tribal Nations have

continued to experience insurmountable challenges in accessing the billions of dollars set aside to

support COVID-19 response efforts. Tribal Nations in their May 26, 2020, letters to Congress

identified several roadblocks that prevented tribal access to COVID-19 disaster resources.9 Those

roadblocks continued to exist throughout 2020 and followed into 2021. The identified roadblocks

must be removed to allow FEMA disaster resources to reach Indian Country.

Additionally, Tribal Nations urge Congress to make the January 21, 2021, FEMA Public Assistance

non-federal cost share waiver retroactive as applied to Tribal Nations.10 Tribal Nations also urge

Congress to affirm the broad scope of Public Assistance under the Stafford Act and reject the

September 15, 2020, FEMA Interim Public Assistance Policy, which has severely limited actions that

8 Federal Emergency Management Agency, Coronavirus Pandemic Whole-of-America-Response, pg. 2 (Jan. 25, 2020). 9 Joint Tribal Letter to Senate Leadership, COVID-19 Legislative Proposal (Phase #4): Tribal Homeland Security

and Emergency Services Priorities, pg. 7-8, http://www.ncai.org/Covid-

19/legislativeupdates/Tribal_Homeland_Security_and_Emergency_Services_Needs_and_Priorities_for_COVID-

19_Phase_4_-

_Senate_Letter.pdf, May 26, 2020; See Joint Tribal Letter to House Leadership, COVID-19 Legislative Proposal (Phase

#4): Tribal Homeland Security and Emergency Services Priorities, pg. 7-8, https://www.ncai.org/Covid-19/legislative-

updates/Tribal_Homeland_Security_and_Emergency_Services_Needs_and_Priorities_for_COVID-19_Phase_4_-

_House_Letter_.pdf 10 The White House, Memorandum for the Secretary of Defense and the Secretary of Homeland Security, Memorandum

to Extend Federal Support to Governors’ Use of the National Guard to Respond to COVID-19 and to Increase

Reimbursement and Other Assistance Provided to States, https://www.whitehouse.gov/briefing-room/presidential-

actions/2021/01/21/extend-federal-support-to-governors-use-of-national-guard-to-respond-to-covid-19-and-to-increase-

reimbursement-and-other-assistance-provided-to-states/.

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Tribal Nations can take to save lives in their communities.11 Tribal Nations must be reimbursed for

life saving activities they took after September 2020, which would have been covered by the March

2020 FEMA Public Assistance Policy. The catastrophic health impacts from the COVID-19 pandemic

respects no jurisdictional boundaries, and a cohesive national response is required to curtail the

devastation. Congress must remove the ongoing roadblocks preventing Indian Country from

accessing billions in FEMA disaster resources as soon as possible to support a cohesive national

response.

11 Federal Emergency Management Agency, Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance

(Interim), FEMA Policy # 104-009-19 (Sept. 15, 2020).